1.1 These Terms are incorporated into all Proposals you enter into with Victortainment confirmed or signed through email or Proposal.

1.2 You agree to use the Services in accordance with these Terms and all applicable laws and regulations.

2.1 The total price for the Services, as specified in the Proposal (Price), must be paid in accordance with these Terms and any other terms specified in the Proposal. For website design and graphic design services described in clauses 9 and 10, you will pay an up-front fifty per cent (50%) deposit of the Price, payable upon entering into an agreement with Victortainment confirmed through email or Proposal, and the remaining fifty percent (50%) of the Price will be paid on completion of the Services. For social media services, the Price must be paid within the month the Services are undertaken.

2.1 In the event the scope of the Services is increased or decreased, the Price may be proportionately increased or decreased. Such increase or decrease to the Services and/or Price will be agreed between the parties prior to Victortainment undertaking the additional Services.

2.2 All Proposals are valid for ninety (90) days only.

3.1 You grant Victortainment permission to invoice you, in accordance with these Terms and any other terms specified in the Proposal.

3.2 Where an invoiced amount is not paid on or before its due date for payment, Victortainment has the right to add 5% interest to the overdue amount, and every month thereafter, until such overdue amount is paid. Any interest must be paid upon demand by Victortainment.

3.4 Payment is accepted through EFT (Electronic Funds Transfer) to the named Bank Account Name, BSB, and Account Number as specified in Victortainment’s invoices.

3.5 Invoice numbers must be referenced in the description of any EFT payments to Victortainment

4.1 Victortainment’s total aggregate liability arising out of or in connection with these Services and/or Terms will be capped at the Price.

4.2 Neither party will be liable to the other party for any special, indirect, or consequential loss arising out of or in connection with the Services and/or these Terms.

5.1 You agree that Victortainment reserves the right to suspend or cancel any part or all of the Services if:

• You do not pay any invoices within sixty (60) days of their due date.

• You breach any obligation in these Terms.

• Victortainment, acting reasonably, believes you are involved in illegal and/or fraudulent activity.

• Victortainment, acting reasonably, believes the use of the Services may cause damage or loss to Victortainment or any of Victortainment’s third-party suppliers.

• You fail to provide the required content, and by the required date, specified in the Proposal for Victortainment to complete the Services.

5.2 If the Services are cancelled or suspended under clause 5.1:

• You must pay any owing invoices within the earlier of thirty (30) days from the date the Services are cancelled and the due date for that invoice.

• Victortainment may delete all information and data held in relation to the Services after ninety (90) days from the date the Services are cancelled.

• You release Victortainment from any and all claim(s) arising from the cancellation of the Services under these Terms. For the avoidance of doubt, such cancellation does not limit either party’s rights, caused by a breach of these Terms, or in relation to any claims either party has against the other before the date the Services are cancelled.

5.3 Either party may cancel the Services by providing at least fourteen (14) days’ written notice. If you have not provided such notice of cancellation of the Services prior to any renewal dates specified in the Proposal, then Victortainment has the right to invoice you for the renewing amount.

5.4 If you choose to abandon the development of a website and/or any Services prior to completion, Victortainment will not return the initial 50% deposit of the Price paid to Victortainment specified in clause 2.1. Any associated remaining fees may be requested to be paid depending on the status of completion in Victortainment’s reasonable opinion.

6.1 Victortainment warrants that the Services will be in accordance with these Terms and/or the Proposal for a period of sixty (60) days from completion of the Services (Warranty Period). During the Warranty Period, if the Services are proven to be defective, Victortainment shall repair such defective Services at its sole cost. For the avoidance of doubt, Victortainment will not be liable for any defective Services in the event a third-party software provider or yourself caused or contributed to such defect.

7.1 You will supply content, images, and any other relevant information unless otherwise stated or created by Victortainment. Victortainment will not be held responsible for plagiarism or copywriting text or imagery.

7.2 You agree to indemnify Victortainment against any claims brought against Victortainment by any third party for intellectual property infringement arising out of or in connection with the Services.

7.3 The parties will agree on a timeline where content and imagery, as described in clause 7.1, will be provided to Victortainment by a specific date to enable Victortainment to complete the Services by the completion date specified in the Proposal.

8.1 Any private passwords or access provided to Victortainment will be kept strictly confidential.

8.2 Victortainment will not be liable for any loss you incur if any passwords are leaked by an external party or third-party applications.

8.3 Each party agrees to keep all information provided to it in connection with the Services strictly confidential and shall not disclose any information to any third party without the written consent of the provider of such confidential information.

9.1 Website Design & Website Hosting

9.2 Websites hosted by Victortainment are completely controlled by Victortainment and you can only move to a different website hosting provider once payment is made to Victortainment in full and you provide Victortainment 30 days' written notice. Victortainment can assist with providing digital backups of a complete website for a minor fee or provide the access details for you to arrange any digital backups.

9.3 Victortainment is not liable for updating plugins, WordPress, CMS Updates, or PHP for any website controlled by Victortainment’s servers.

9.4 Any third-party website applications, website plugins, or website-related subscriptions will not be included in our quotations and will be additionally charged.

9.5 Ongoing website support is provided by Victortainment for all website hosting services unless you have made manual edits in the platform or CMS, and provided your website admin login details to a third party. If this is the case, then all updates, fixes, repairs, and changes may incur additional charges.

9.6 In the event you require a website backup, Victortainment will charge for the website files. Victortainment has regular backups for websites that are hosted by Victortainment. If your website goes offline and/or has errors and it’s not under a Victortainment website hosting plan, then Victortainment will not be liable for assisting to bring your website back online.

9.7 If website admin access is provided to you, you are completely liable for any issues, bugs, errors, and fixes that occur from you even if Victortainment is hosting your website. If Victortainment must make any changes from your actions, there will be our hourly rate charge.

10.1 Graphic design may include, but is not limited to, logo design, poster design, business card design, and/or any graphic related.

10.2 Any designs created by Victortainment have permission to be publicly advertised through our www.victortainment.com.au website and social media pages (Facebook and/or Instagram).

10.3 On completion of a graphic design project, you rightfully own all designs created and Victortainment will deliver the completed files of a project in the agreed file formats. The working/source files are owned by Victortainment and will not be shared unless agreed upon in the initial contract. Any further changes or files requested after the completion of a project will incur additional charges, including but not limited to master files, revisions, and any alterations from the agreed final design.

11.1 Entering into a social media agreement service with Victortainment gives Victortainment permission to create and post social media content on behalf of you.

11.2 Victortainment will not be held accountable for comments, messages, or feedback received through social media management on Facebook and/or Instagram.

11.3 You agree to grant complete access to all social media platforms necessary for Victortainment to complete the Services.

11.4 You approve Victortainment to openly ‘Like’, ‘Comment’, and ‘Follow’ public and private users on social media platforms.

12.1 Victortainment provides setting up digital advertising campaigns through Google for paid views and traffic to your website.

12.2 All costs related to paid advertising will be charged directly to you managed by Victortainment subject to the agreement of the ad spend budget specified in the Proposal.

12.3 Google AdWords and paid advertising setup by Victortainment is rightfully owned by Victortainment.

13.1 Victortainment can provide custom email addresses for your domain through a third-party service and assist with the initial setup of the email on desktop and mobile platforms. Victortainment will pass on all charges incurred for and relating to any additional email support after this period.

13.2 If there are any technical issues